BILL NUMBER: SB 100	CHAPTERED  05/04/99

	CHAPTER   18
	FILED WITH SECRETARY OF STATE   MAY 4, 1999
	APPROVED BY GOVERNOR   MAY 3, 1999
	PASSED THE SENATE   APRIL 26, 1999
	PASSED THE ASSEMBLY   APRIL 22, 1999
	AMENDED IN ASSEMBLY   APRIL 19, 1999
	AMENDED IN ASSEMBLY   MARCH 18, 1999
	AMENDED IN ASSEMBLY   MARCH 15, 1999
	AMENDED IN SENATE   JANUARY 26, 1999

INTRODUCED BY   Senators Burton and Peace

                        DECEMBER 9, 1998

   An act to amend Sections 15151, 15375, and 15500 of the Elections
Code, relating to presidential primaries, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 100, Burton.  Political parties:  primaries:  delegate returns.

   Existing law provides that all properly registered voters may vote
for their choice at any primary election for any candidate for each
public office, regardless of political affiliation and without a
declaration of political faith or allegiance.  Existing law requires
elections officials to send to the Secretary of State the election
returns for all persons voted for at the presidential primary as
delegates to national conventions.
   Existing law requires each voter to be furnished an official
primary ballot at a primary election.  Existing law requires the
official primary ballot to contain the names of all candidates for
nonpartisan and partisan offices and measures to be voted for at the
primary election.
   This bill would impose a state-mandated local program by requiring
elections officials to report the results at the presidential
primary for candidates for President to whom delegates of a political
party are pledged according to the number of votes each candidate
received from all voters and separately according to the number of
votes each candidate received from voters affiliated with each
political party qualified to participate in the presidential primary
election, and from voters who have declined to affiliate with a
qualified political party.  The bill would require the elections
official to adopt procedures and tabulate the ballots separately.
   Existing law requires the Secretary of State to compile the
election returns for various public offices and measures and make
those results immediately available to the public.
   This bill would expressly require the Secretary of State to
compile and make the election returns of the presidential primary
reported by the elections officials available to any person or
organization upon request.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that no reimbursement shall be made from
the State Mandates Claims Fund for costs mandated by the state
pursuant to this act, but would recognize that local agencies and
school districts may pursue any available remedies to seek
reimbursement for these costs.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 15151 of the Elections Code is amended to read:

   15151.  (a) The elections official shall transmit the semifinal
official results to the Secretary of State in the manner and
according to the schedule prescribed by the Secretary of State prior
to each election, for the following:
   (1) All candidates voted for statewide office.
   (2) All candidates voted for the following offices:
   (A) State Assembly.
   (B) State Senate.
   (C) Member of the United States House of Representatives.
   (D) Member of the State Board of Equalization.
   (E) Justice of the Court of Appeals.
   (3) All persons voted for at the presidential primary or for
electors of President and Vice President of the United States.  The
results at the presidential primary for candidates for President to
whom delegates of a political party are pledged shall be reported
according to the number of votes each candidate received from all
voters and separately according to the number of votes each candidate
received from voters affiliated with each political party qualified
to participate in the presidential primary election, and from voters
who have declined to affiliate with a qualified political party.  The
elections official shall adopt procedures required to tabulate the
ballots separately by party affiliation.
   (4) Statewide ballot measures.
   (b) The elections official shall transmit the results to the
Secretary of State at intervals no greater than two hours, following
commencement of the semifinal official canvass.
  SEC. 2.  Section 15375 of the Elections Code is amended to read:
   15375.  The elections official shall send to the Secretary of
State within 35 days of the election in the manner requested one
complete copy of all results as to all of the following:
   (a) All candidates voted for statewide office.
   (b) All candidates voted for the following offices:
   (1) Member of the Assembly.
   (2) Member of the Senate.
   (3) Member of the United States House of Representatives.
   (4) Member of the State Board of Equalization.
   (5) Justice of the Courts of Appeal.
   (6) Judge of the Superior Court.
   (7) Judge of the Municipal Court.
   (c) All persons voted for at the presidential primary.  The
results for all persons voted for at the presidential primary for
delegates to national conventions shall be canvassed and shall be
sent within 20 days after the election.  The results at the
presidential primary for candidates for President to whom delegates
of a political party are pledged shall be reported according to the
number of votes each candidate received from all voters and
separately according to the number of votes each candidate received
from voters affiliated with each political party qualified to
participate in the presidential primary election, and from voters who
have declined to affiliate with a qualified political party.
   (d) The vote given for persons for electors of President and Vice
President of the United States.  The results for presidential
electors shall be endorsed "Presidential Election Returns," and sent
so that they are received by the Secretary of State not later than
the first Monday in the month following the election.
   (e) All statewide measures.
  SEC. 3.  Section 15500 of the Elections Code is amended to read:
   15500.  The Secretary of State, commencing with the first results
from the semifinal official canvass received from the elections
officials, shall compile the results for the offices and measures
listed in Section 15151, which compilation shall be continued without
adjournment until completed.  The Secretary of State shall
immediately make public the results of the compilation as to those
offices and measures.  The Secretary of State also shall compile and
make those results reported pursuant to subdivision (c) of Section
15375 available to any person or organization upon request.
  SEC. 4.  (a) The validity of any provision of this act only may be
challenged by the filing with the California Supreme Court of a writ
within 30 calendar days after this act is enacted and becomes
effective.
   (b) The California Supreme Court shall issue its decision on the
writ no later than 45 calendar days after it is filed with the court.

   (c) The provisions of this act are severable.  If any provisions
of this act or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provisions or application.
  SEC. 5.  No reimbursement shall be made from the State Mandates
Claims Fund pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by
the state pursuant to this act.  It is recognized, however, that a
local agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.
  SEC. 6.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to permit elections officials and the Secretary of State
to organize the ballot tabulation changes required under this bill
for the 2000 presidential primary, it is necessary that this act take
effect immediately.
